C.P.C. O.21 R.97: The Adjudication mentioned under this Rule need not necessarily involve a detailed enquiry or collection of evidence

The executing court can decide whether the resister or obstructor is a person bound by the decree and he refuses to vacate the property. That question also squarely falls within the adjudicatory process contemplated in Order 21 Rule 97(2) of the Code. The adjudication mentioned therein need not necessarily involve a detailed enquiry or collection of evidence. The court can make the adjudication on admitted facts or even on the averments made by the resister. Of course the court can direct the parties to adduce evidence for such determination if the court deems it necessary. Silverline Forum (P) Ltd. v. Rajiv Trust, (1998) 3 SCC 723